A/HRC/34/54/Add.2 72. Custody hearings provide a safeguard against arbitrary detention and mistreatment. In practice, however, judicial oversight in Sri Lanka remains superficial: judges do not take an active role in determining conditions of detention and, according to testimonies, do not ask detainees about their treatment during arrest and detention. National Human Rights Commission 73. The National Human Rights Commission Act No. 21 of 1996 provides safeguards against arbitrary detention and torture or ill-treatment of detainees under the Prevention of Terrorism Act. Under section 28 of the Act, detention authorities must inform the Commission within 48 hours of any arrest made under the Prevention of Terrorism Act and the location of the detainee, as well as of any transfer or change of the prisoner’s location. It further provides that all officials authorized by the Commission should have access to all places of detention at any time and be able to make inquiries of detainees. 74. While most arrests and detentions under the Prevention of Terrorism Act are communicated to the National Human Rights Commission once they are registered, the Special Rapporteur concludes from testimonies and reports that this is not the case with respect to transfers and changes of location. 2. Access to legal counsel 75. Access to counsel at all stages of the investigation is a fundamental safeguard against torture and ill-treatment. However, most interviewed detainees did not have access to a lawyer at any stage of their detention, either owing to a lack of financial means or insufficient information on legal aid. While the Government-funded Legal Aid Commission takes pro bono cases, it is in critical need of resources for taking additional cases and increasing awareness on its services. 76. Another factor contributing to the lack of access to counsel is normative gaps in the rights of criminal defendants, as the Code of Criminal Procedure Act, worryingly, does not stipulate the right of a defendant to legal representation. However, in 2012, the Police Appearances of Attorneys-at-Law at Police Stations Rules came into effect, which recognize the right of a suspect to legal representation at a police station starting immediately after arrest and during detention. The Special Rapporteur regards this as a positive development that should be implemented more widely in practice. 77. The Special Rapporteur shares the concern of the National Human Rights Commission over the recently proposed amendment to the Code of Criminal Procedure Act, which, contrary to international human rights standards, denies a suspect access to a lawyer until his or her statement has been recorded, thereby eliminating any safeguard against torture and ill-treatment and defeating the Code’s very purpose, and also impinging on the fundamental right to a fair trial as guaranteed in article 13 (3) of the Constitution. The Special Rapporteur joins the Commission and civil society in calling on the Government to withdraw the proposed amendment.8 3. Role of the judiciary and prosecutors 78. An independent and impartial judiciary is essential for the fulfilment of international law obligations regarding torture and cruel, inhuman or degrading treatment or punishment, including to order ex officio inquiries into allegations of torture or coercion and to ensure that all safeguards are upheld. Both the judiciary and the Office of the Attorney-General 8 The letter dated 21 September 2016 from the National Human Rights Commission addressed to the Prime Minister is available from http://hrcsl.lk/english/. 13